Distribution Deed Lawyers

When a person dies without leaving a will, it is referred to as intestacy; or, the person is said to have died “intestate,” meaning without a will. Each state has its own laws that address the distribution of the decedent’s property if there is no valid will. Additionally, these state laws distinguish between total intestacy and partial intestacy.

Total intestacy refers to when the person dies with no valid will at all. Partial intestacy refers to when there is a will, but the will does not dispose of all of the property that the decedent owns.

Because intestacy rules vary by state, some states treat domestic partners differently, while other states do not have well-defined statutes in place that explain the rights of domestic partners. This is especially true in same-sex relationships and marriages. While there are a number of states that consider all registered partners to be the same as spouses, this is not true everywhere.

It is important to note that most states have rules that prevent people who have malice towards the decedent from receiving an inheritance. An example of this would be how anyone who is responsible for the death of the decedent, or who did not pay child support for a child that has died, cannot profit from their deaths.

In cases of intestacy, courts will split up any:

• Real estate holdings;
• Life insurance proceeds;
• Bank accounts;
• Security; and
• Personal property of the decedent, once all debts have been paid off.

State laws will determine who is the personal representative or executor in cases involving intestacy. Generally speaking, surviving spouses are the first choice; in several states, domestic partners have the same inheritance rights as surviving spouses. Adult children are next in line. Most state laws follow each child’s line until there is a survivor who can inherit.

If the decedent left no children, the next people to take possession of the property would generally be the decedent’s parents. If the decedent’s parents are no longer alive, the next set of heirs would be any surviving siblings. If the decedent has no living siblings, the decedent’s nieces and nephews would inherit, and so on.

When the decedent does not have any close family members, many state laws determine that the person who should inherit is the next of kin. In general, the next of kin is determined by who is closest to the decedent on their family tree. If there are no eligible family members, the decedent’s property will most likely escheat; meaning it will go to the state. This is generally considered an unfavorable result of the property distribution, and serves as a reason why many people commonly wish to have a will in place before they die.

What Is A Distribution Deed?

A distribution deed is another way in which to legally transfer real property when the party who is supposed to receive the property cannot be determined from the decedent’s will. Under most circumstances, the distribution of a decedent’s estate will be done in accordance with the directions that are contained in the terms of their will.

If the beneficiaries cannot be determined due to unclear will instructions, or if the person died intestate as was previously discussed, a party can obtain a distribution deed which would secure the transfer of the real property. Or, the party obtaining the distribution deed will assume control and ownership of the estate property.

Distribution deeds are generally acquired in association with the decedent’s residential home. However, these deeds are also commonly used for types of property as well, such as a plot of land that is owned by the decedent. Another example of this would be a residential condo that is owned by the decedent.

What Does A Distribution Deed Contain?

A distribution deed will generally contain key information regarding the property that is in dispute. More specifically, it will commonly contain information associated with the decedent, as well as their intentions regarding the distribution of their property.

Some common examples of what a distribution deed contains include, but may not be limited to:

• The facts describing the death of the property owner, such as how or why they died;
• Crucial details associated with a probate proceeding held in connection to the will;
• Descriptions that clearly identify the property that is being distributed;
• Identifying facts regarding the party who is to assume ownership of the property; or
• Provisions referring to any restrictions, covenants, easements, tax debt, and so on, as they are associated with the decedent’s property.

A distribution deed should also contain clear and unambiguous descriptions of the above information. The most common reason as to why a person needs to obtain a distribution deed in the first place is because of an unclear provision contained in the decedent’s will document.

Because of this, in order to avoid repeating these types of mistakes, it is necessary that the distribution deed clearly identifies the property as well as the recipient or recipients of that property. An example of this would be how a person should be able to immediately recognize and accurately identify the property that is being discussed, based on the descriptions that are provided in the terms of the distribution deed. What this means is that the relevant parties should have no need to refer to an outside document in order to determine which property is being described in the distribution deed.

Are Distribution Deeds Legally Enforceable?

Generally speaking, distribution deeds are nearly always enforceable by law, because they are most commonly issued by a court. In order to obtain a distribution deed, the party who is seeking to gain ownership over the real property must file a request with the court for a distribution deed. This also involves paying some amount of court fees.

Additionally, filing also requires that the court and an attorney conduct research in order to determine whether the filing party is eligible to own the property in question. However, unlike other types of deeds, a distribution deed does not always guarantee warranty of title. What this means is that other kinds of property deeds generally contain an implicit guarantee that the seller has the legal right to transfer ownership, and that no one else can claim that they have any rights over the property.

As such, in order to obtain warranty of title for a distribution deed, the party who is filing for the distribution deed may need to take extra measures. An example of this would be researching the property’s history, as well as filing any necessary documents involving the property with their county recorder’s office.

Do I Need An Attorney For Help With A Distribution Deed?

If you need help with obtaining or drafting a distribution deed, or if you have any questions regarding intestacy in general, you should contact an experienced and local estate lawyer.

An area attorney will be best suited to helping you understand your legal rights and options according to your state’s specific laws regarding the matter, and can provide guidance regarding the necessary legal documents and the court filing process for distribution deeds. Additionally, your estate attorney will also be able to represent you in court, as needed, should any legal issues arise that require representation.